Expedited or Early Examination of Patents under the Indian Patent Law

With the amendment to the Patents Rule, 2003 of the Indian Patents Act, 1970 on May 16, 2016 by Patent (amendment) rules, 2016), provision of Expedited Examination was introduced in the Patent system of India.

Meaning: An Expedited Examination is a faster process of examination of patent application than the ordinary examination.

Process: A request for Expedited Examination may be filed by an applicant, requesting the Indian Patent Office (IPO) to expedite the examination of the relevant patent application.

As per Rule 24C of the Patent Rules as amended in 2016, a request for Expedited Examination can be filed only by electronic transmission duly authenticated with the prescribed fees in Form 18A within 48 months of the date of priority of the application or the date of filing the patent application, whichever is earlier.